Shrawan Lohar @ Madhav Lohar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 3522 OF 2015 Shrawan Lohar @ Madhav Lohar son of Bhuran Lohar aged about 28 years Caste-Lohar, resident village Bandotoli, Police Station Jari District Gumla (Jharkhand) ---Applicant

Versus

State of Chhattisgarh, Through: Station House Officer, Police Station Jashpur, District Jashpur (C.G.) ---Non-applicant For Applicant :

Mr. J.K. Saxena, Advocate For Non-applicant :

Mr. Siddharth Rathore, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/07/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 114/2014, registered at Police Station Jashpur, District Jashpur, for the offence punishable under Sections 363, 370, 371, 34 of Indian Penal Code.

2.

Prosecution case, in brief, is that, on 19/05/2014, co-accused Rakhi abducted Ku. Gayatri Yadav from her lawful guardianship and took her to Delhi by alluring her for employment in Delhi and got her engaged in Baby Placement Agency run by Smt. Hamida Khatoon @ Meenu. Co-accused Rakhi obtained commission and thereafter Smt. Hamida Khatoon @ Meenu along with the present applicant started taking work from Ku. Gayatri Yadav

at different places.

3.

Learned counsel for the applicant submits that other co-accused person has played the similar role as that of the present applicant and other co-accused person namely Sameer Khan @ Raju has already granted regular bail by this Court vide order dated 31/03/2015 passed in M.Cr.C. No. 1370/2015 and the role played by the present applicant is identical to that of the other co-accused person. Therefore, the present applicant may also be released on regular bail on the ground of parity. 4.

On the other hand, learned counsel for the State submits that case of the present applicant is identical to other co-accused person, who has granted bail by this Court vide order dated 31/03/2015 passed in M.Cr.C. No. 1370/2015.

5.

I have heard the counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case particularly the order passed by this Court on 31/03/2015 in M.Cr.C. No. 1370/2015 granting regular bail to the other accused person, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari